Water

Rulemaking

December 2017 – This notice of rulemaking hearing concerns rescission of Tenn. Comp. R. & Regs. 0400-40-05-.08(1)(c), which provides, “For publicly owned treatment works, effluent limitations shall be designed to require application of the best practicable waste treatment technology.” The underlying statutory provision was repealed by Congress in 1981. The Division of Water Resources has scheduled a rulemaking hearing on January 25, 2018.

October 2017 - This notice of rulemaking is to receive comments regarding federally mandated amendments to the rules regulating public water systems, amendments to the operation and maintenance rules, adoption of an electronic reporting rule and general housekeeping changes. >Redline Version

Public Participation Opportunity

The Draft 2018 List of Impaired and Threatened Waters in Tennessee, required by Section 303(d) of the federal Clean Water Act, is now available for public review. The List is a compilation of the lakes, rivers, and streams in Tennessee that either fail to meet, or are soon expected to fail to meet, one or more water quality standards. In addition, the list provides pollutant information and TMDL prioritization for impaired and threatened segments. The new version of the List reflects the results of a reassessment of the Group 4 watersheds that took place in 2016 and 2017. The 2018 Draft List is being provided as a spreadsheet with color coded tabs for each watershed in the state. Additionally, rationales have been prepared for proposed delistings.

The Division of Water Resources has scheduled a public meeting on January 4, 2018, to facilitate public comments. After the public comment period has ended, the List will be revised according to the comments received and will be submitted to EPA as a proposed final version by the statutory deadline of April 1. The List and companion documents can be accessed at the links below:

NRS17.280 - As part of modifications to previously authorized impacts (NRS07.029), Horn Springs Development, LLC proposes impacts to 107 feet of Stream 5, completion of 467 feet of impacts to Stream 5, completion of 176 feet of impacts to Stream 1, planting of 76 feet of buffer on Stream 5, removal of an 18-foot culvert at Stream 1, and removal of asphalt rubble at stream 4. These impacts would be to unnamed tributaries to Horn Springs Branch (Lebanon, Wilson County). Buffer plantings, culvert removal, asphalt removal, and land use restrictions are being provided in support of mitigation for these impacts.

NRS17.288 - Mr. Al Miller proposes to construct a road that will impound less than one acre of low resource value wetland on Brymer Creek (Bradley County) to allow access to a future home. Pond water will be pumped to a watering station for cattle. Impacts will be offset by fencing cattle out of waters and restoring one acre of fringe wetlands to previous conditions.

Inactivation - The Town of Bruceton (TN0062014) has requested inactivation of their Pretreatment Program. The division has confirmed that Bruceton has no significant industrial users. Therefore, the division is inactivating Bruceton’s Pretreatment Program. Comments may be sent to Laurel Rognstad.

NOVEMBER 9, 2017

NRS17.260 - The Tennessee Department of Transportation is proposing to widen State Route 99 from Cason Lane to New Salem Highway in Rutherford County. This activity will impact three unnamed tributaries to the West Fork Stones River and two wetlands (0.03 acres) within the Stones River Watershed. These impacts will be offset through on-site stream replacement (427 linear feet) and permittee responsible mitigation at the World Outreach Center along Stream 1 and an unnamed tributary to West Fork Stones River (718 linear feet of aquatic resource losses).

NRS17.263 - The Tennessee Department of Transportation is proposing to remove a series of low-head dams and restore a stretch of stream near the World Outreach Center in Rutherford County. This unnamed tributary to the West Fork of the Stones River is habitat-impaired. The proposed restoration will improve the condition of this stream along 1,962 linear feet. TDOT will remove all low-head dams along this stretch of stream, improve channel dimensions, instream habitat, and riparian vegetation, and return the flow regime to a lotic system. These activities will help offset TDOT projects PIN100404.01, PIN100288.00, PIN100288.01, and PIN100282.00.

NRS17.287 - Wepfer Marine Inc. proposes to install a 150 foot wide paved drive into McKellar Lake associated with relocation of floating dock facilities near Channel Drive in Memphis (Shelby County). Bank fill and stabilization of currently eroding banks will occur along 470 feet of bank. Stabilization activities will include planting of native species appropriate to the area.

NRS17.191 - The Metropolitan Nashville Airport Authority proposes impacts to approximately 0.4 acres of wetland, encapsulation of 660 linear feet of two unnamed tributaries to Sims Branch, and the installation of two spring boxes in association with airport upgrades (Nashville, Davidson County).

NRS17.269 - The Tennessee Department of Transportation proposes to widen I-40 with 3,263 linear feet of additional impact to Piney Creek and two unnamed tributaries and 0.075 acres of impact to two wetlands in Cumberland County. Resource loss will be offset through permittee-responsible and in-lieu fee compensatory mitigation.

NRS16.328 - The Tennessee Department of Transportation proposes to widen State Road 374 from South of Dunbar Cave Road to West of Stokes Road in Montgomery County. The project will permanently impact 1.36 acres of wetlands and replace 96 feet of reinforced concrete pipe with a 6’ X 4’ box culvert containing an unnamed tributary to the Red River. The culvert will encapsulate and additional 17 feet of stream and be followed with 30 feet of Class B riprap. The permanent wetland impacts will be mitigated by debiting 2.72 acres from wetland credits at the Yellow Creek Wetland Mitigation Bank. This activity requires a modification of an existing ARAP permit.

NRS17.173 - Crews Development proposes to fill 1.284 acres of low value wetlands and divert or riprap approximately 278 linear feet of a wet weather conveyance in order to construct a 37-home subdivision in Collierville (Shelby County). Wetland mitigation will be through the purchase of 2.6 credits from the Ducks Unlimited Mt. Tena Creek Mitigation Bank.

NRS17.229 - Bi-County Landfill in Montgomery County proposes to impact 0.39 acres of wetlands for borrow material to be used at the landfill. Impacts will be offset on-site through wetland preservation and creation.

NRS17.271 - Fort Campbell Military Installation proposes to temporarily breech three beaver dams through use of controlled blasting and to install one water control structure to allow for the seasonal drawdown of nine surface acres of open water wetland.

​​NRS17.033 - Charles Spurlock proposes to conduct commercial in-stream gravel mining at two sites on the applicant’s property in Sycamore Creek in Robertson and Cheatham Counties.

NRS17.119 - CSX Transportation, Inc. proposes to extend existing siding by constructing an approximately 9,500 foot track adjacent to the mainline. This project will extend existing culverts and relocate a portion of Norman Creek (Coffee County). Three years of monitoring is proposed to document the conditions of the relocated channel. As mitigation for the stream impacts, the applicant proposes purchasing 664 credits from the Tennessee Steam Mitigation Program (TSMP) in the Lower Tennessee Service Area. The purpose of this siding extension is to meet current CSXT standards for capacity and fluidity for railroad operations.

NRS16.171 Notice of Determination - Mark Gant proposes to place rock for slope protection at Tennessee River mile 202. This activity would cause degradation of Exceptional Tennessee Waters above a de minimis level to accommodate important economic or social development in the area.

NRS17.245 - Tennessee Contractors, Inc. proposes the discharge fill into 0.5 acres of wetland for the construction of a subdivision access road in Franklin (Williamson County). The applicant proposes to mitigate for unavoidable wetland impacts through the purchase of one wetland credit from the Swamp Road Wetland Mitigation Bank.

SEPTEMBER 22, 2017

NRS17.105 - The City of Bolivar proposes to widen a concrete ramp by 12-feet and lengthen the ramp by two-feet and pave an existing gravel parking lot in the Hatchie River as part of the “Just Say Hatchie” campaign. The access structure will tie into the bank by placing rock riprap for no more than 10-feet on either side of the ramp. Work will be conducted in the dry by installing a coffer dam around the work area.

NRS16.153 - The Morristown Utility Commission proposes to replace and reroute approximately 4,145 linear feet of gravity sanitary sewer parallel and adjacent to an existing 15-inch sewer main, resulting in six open-trench crossings of Spring Creek in Hamblin County. If blasting occurs within 50-feet of Spring Creek, flowable fill will be placed to the bottom elevation of the adjacent stream plan, check dams will be placed at the downstream side of each crossing, and stream monitoring will be required.

NRS17.194 - Fullen Dock and Warehouse, Inc. proposes to conduct maintenance dredging in the Mississippi River to allow barge access to docks during low-water periods. Dredging to a depth of 10’ in a 250’ x 1,000’ area will be conducted. The primarily sand deposits will be disposed in an upland area utilizing appropriate erosion and runoff controls and/or in a secondary gravel bar disposal site. Mitigation will include disposal of course sand deposits on the southeastern portion of the gravel bar to provide least tern breeding habitat during low-water periods.

NRS17.195 - Woodlawn Utility District proposes to construct a raw water intake on the Cumberland River in Montgomery County.

NRS17.244 - Dreamtech Homes LLC proposes to place fill in approximately 0.6 acres of wetland on an existing 3.6 acre constructed storm water cattail wetland in Hamilton County. Approximately 1.9 acres of the cattail area will be excavated for a stormwater pool and 0.5 acres contained in a berm. The applicant proposes to offset lost resource value through compensatory mitigation.

NR17MS-006 - Nyrstar–East Tennessee Mines, proposes to develop a water withdrawal from Beaver Creek in Jefferson County, TN. This withdrawal is associated with mineral exploration drilling associated with the existing Nyrstar Young Mine facility.

SEPTEMBER 6, 2017

NRS17.185 - Sevierville Investments LLC proposes to fill 0.44 acres of herbaceous wetland in Kingsport, Sullivan County. The applicant will compensate for wetland loss with the purchase of credits from the Shady Valley Wetland Mitigation Bank.

NRS16.185 - Hawkins County Government is proposing to rock riprap approximately 1,888 linear feet of the Holston River along the left descending bank in Laurel Run Park. Rock size will be an average of 36 inches and be placed along the toe of slope up to a maximum height of four feet. The banks will be sloped and planted with native trees and shrubs. The buffer zone will be approximately 50 feet wide from the top of bank with selected areas open for public access.